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| Division of Tribal Services (Tribal TANF/NEW Programs) |

HHS News

FOR IMMEDIATE RELEASE:
Friday, Feb. 18, 2000
Contact: Michael Kharfen, (202) 401-9215


HHS ISSUES NEW RULES GOVERNING TRIBAL WELFARE PROGRAMS

HHS Secretary Donna E. Shalala announced today the publication of a final regulation governing key provisions of the tribal Temporary Assistance to Needy Families (TANF) program as it applies to tribal governments. The 1996 welfare reform law, for the first time, gave the option to tribes to either operate their own welfare programs or continue to have families served by state welfare programs. This choice allows federally recognized Indian tribes or consortia of such tribes, to apply for funding to independently design, administer, and operate their own tribal TANF programs and welfare-to-work activities.


"When President Clinton signed the welfare law, he wrote a new chapter in the sovereign to sovereign governmental relationship between Washington and the tribes. This regulation gives tribes an unprecedented opportunity to design welfare programs or run welfare-to-work activities that are consistent with their unique cultures," said Secretary Shalala. "I am confident that this new rule provides viable choices for tribes that will help American Indians and Alaska Natives move toward increased economic self-sufficiency with respect for their history and the flexibility to develop innovative programs to meet the needs of tribal families."


The new tribal TANF regulations provide tribes and tribal consortia with a clear and balanced set of rules for complying with the law's performance goals of moving families into work, time limiting assistance and promoting parental responsibility. They cover requirements relating to use of funds, program elements, accountability, and data collecting and reporting. Consistent with the statute, the final rules provide tribes with flexibility to consider such factors as economic conditions and resources available to the tribe in determining work requirements, and provide for a process of negotiation with HHS in establishing time limits on assistance.


Currently there are 22 approved TANF plans in 12 states affecting 94 tribes and Alaska Native villages. These programs are serving approximately 4,480 families with more than 15,700 members. There are an additional 22 plans pending which would cover 78 tribes and villages, more than quadrupling the number of families served to over 17,800 with some 62,300 members. In 1998, there were approximately 44,700 tribal families on welfare. If all pending plans were approved, tribes would serve nearly half of all tribal families in the country.


In developing their TANF plans, tribes have the flexibility to design a program to fit their own needs, while taking into consideration such factors as economic conditions, geography, tribal infrastructure, social and cultural characteristics and specialized service requirements. Tribes may establish such elements of the program as the service area and population (all Indian families within the service area or solely the enrolled members of the tribe), time limits, benefits, the definition of "family," eligibility criteria, and allowable work activities.


"These regulations encourage flexibility, innovation and resourcefulness," said Olivia A. Golden, HHS assistant secretary for children and families. "Native Americans have already demonstrated an outstanding ability to design TANF and welfare-to-work programs to meet the needs of tribal members and the goals of welfare reform. This rule will help us work together even more effectively to help Native American families achieve economic independence."


Tribes can also receive direct federal funding through the Native Employment Works (NEW) program to develop and run welfare to work activities that meet the unique employment and training needs of their population, while allowing states to provide other TANF services. These work activities include job search, placement, work experience, on-the-job training, job creation and economic development activities. Supportive and job retention services may also be provided. Indian tribes, including Alaska Native organizations, which operated a tribal JOBS program in FY 1995 are eligible for NEW program grants.
In 1998, 78 tribes received NEW grants serving over 14,000 participants. Over 4,000 adults entered employment, while an additional 4,000 achieved other program goals such as earning a high school or GED diploma or completing a training program.


The effective date of the final rule is June 17, 2000.

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Note: All HHS press releases, fact sheets and other press materials are available at http://www.hhs.gov/news.

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The page was last updated: October 22, 2003